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When do N-words and sex jokes NOT create a hostile work environment?

Hopefully, this question doesn’t have you clutching your pearls. I assume that your business has both an anti-harassment policy and regular training. But some of your employees are jerks. Some use foul language, make rude comments, and even cross the line into behavior that may foster a hostile work environment,…

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While the EEOC facilitates bias claims for non-binary employees, here are seven ways to support them at work.

The nation’s anti-discrimination enforcer is promoting greater equity and inclusion for members of the LGBTQI+ community. Soon, non-binary individuals can select a nonbinary “X” gender marker during the voluntary self-identification questions that are part of the intake process for filing a charge of discrimination. The U.S. Equal Employment Opportunity Commission…

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A worker who claims she was fired for COVID-19 weight gain while quarantining is suing for . . . sex discrimination?!?

And she may win. With a tip of my hat to Abby Wargo at Law360, who reported this lawsuit here, I read a bartender’s federal complaint against her former employer. The short of it is this. The plaintiff worked for an adult entertainment venue but was not an adult entertainer or…

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Everything “employment law” mentioned in last night’s State of the Union Address

In case you missed President Biden’s State of the Union Address last night, I’ve got you covered with everything HR compliance that came up. Pay equity and higher minimum wage. When President Biden took office in January 2021, part of his initial plan was to raise the federal minimum wage…

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The Women’s National Team settled its equal pay claims with U.S. Soccer for $24M.

About six years ago, five players on the U.S. Women’s National Soccer Team (USWNT) filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission against the U.S. Soccer Federation (USSF). The women claimed that they were paid up to four times less than their male counterparts for doing basically the same job.…

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Can you refuse to a hire a transgender applicant because he won’t mix well with the customers?

Image Credit: Pxfuel (Having Doubts – Drawing of a Man on Blackboard – Illustration) The short answer is no. The longer answer is no effing way because that’s sex (gender identity) discrimination. And if that’s actually your rationale for not hiring someone, don’t double down on the stupid by admitting…

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Lesbian coach is reinstated after outpouring of support from students, parents, and alums

Henning Schlottmann (User:H-stt), CC BY-SA 4.0, via Wikimedia Commons Over at the FisherBroyles Employment Law Blog, my partner, Amy Epstein Gluck, wrote here about a recent federal court finding that a Catholic school could not avoid discrimination claims after firing a gay teacher from a secular position. Serendipitously, I just…

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A court just EVISCERATED two baseless arguments from the transphobic “bathroom police” at work

Image Credit: pxfuel.com I’ve provided advice to plenty of employers on transgender employees using restrooms. For most companies, it’s not an issue. Employees can use the restroom corresponding to their gender identity. But, sometimes I get pushback. And more often than not, the resistance comes in the form of two…

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500,000 dollars, err, reasons not to stereotype women in traditionally male-dominated industries

Image Credit: pxfuel.com When many people think of a “motorcycle enthusiast,” they imagine someone in sunglasses, a leather vest, jeans, boots, and lots of facial hair. And while that describes my Aunt Helen, most folks picture someone like the guy in the photo. By the way, I don’t have an…